Senate Bill sb0040A

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    Florida Senate - 2003                                  SB 40-A

    By Senator Miller





    18-2591-03

  1                      A bill to be entitled

  2         An act relating to the use of credit reports

  3         and credit scores by insurers; creating s.

  4         626.9741, F.S.; specifying that the act's

  5         purpose is to regulate and limit the use of

  6         credit reports and credit scores by insurers

  7         for underwriting and rating purposes;

  8         specifying the types of insurance to which the

  9         act applies; defining terms; requiring that an

10         insurer identify the items in a credit report

11         which resulted in an adverse decision;

12         prohibiting an insurer from making an adverse

13         decision based solely on a credit report or

14         score or certain other factors; requiring an

15         insurer to provide a means for appeal to an

16         applicant or insured under certain

17         circumstances; prohibiting the use of a credit

18         report or score unless the Office of Insurance

19         Regulation determines, based on a filing by the

20         insurer, that such use is valid and reasonable;

21         authorizing the Office of Insurance Regulation

22         to disapprove such filings; requiring an

23         insurer to adhere to certain laws and rules;

24         requiring an insurer to provide for an

25         adjustment in the premium of an insured to

26         reflect an improvement in credit history;

27         authorizing the Financial Services Commission

28         to adopt rules; providing for application;

29         providing a contingent effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2003                                  SB 40-A
    18-2591-03




 1         Section 1.  Section 626.9741, Florida Statutes, is

 2  created to read:

 3         626.9741  Use of credit reports and credit scores by

 4  insurers.--

 5         (1)  The purpose of this section is to regulate and

 6  limit the use of credit reports and credit scores by insurers

 7  for underwriting and rating purposes. This section applies

 8  only to personal lines motor vehicle insurance and personal

 9  lines residential insurance, which includes homeowners, mobile

10  homeowners dwelling, tenants, condominium unit owners,

11  cooperative unit owners, and similar types of insurance.

12         (2)  As used in this section, the term:

13         (a)  "Adverse decision" means a decision to refuse to

14  issue or renew a policy of insurance; to issue a policy with

15  exclusions or restrictions; to increase the rates or premium

16  charged for a policy of insurance; to place an insured or

17  applicant in a rating tier that does not have the lowest

18  available rates for which that insured or applicant is

19  otherwise eligible; or to place an applicant or insured with a

20  company operating under common management, control, or

21  ownership which does not offer the lowest rates available,

22  within the affiliate group of insurance companies, for which

23  that insured or applicant is otherwise eligible.

24         (b)  "Credit report" means any written, oral, or other

25  communication of any information by a consumer reporting

26  agency, as defined in the federal Fair Credit Reporting Act,

27  15 U.S.C. s. 1681, et seq., bearing on a consumer's credit

28  worthiness, credit standing, or credit capacity, which is used

29  or expected to be used or collected as a factor to establish a

30  person's eligibility for credit or insurance, or any other

31  purpose authorized pursuant to the applicable provision of

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    Florida Senate - 2003                                  SB 40-A
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 1  such federal act. A credit score alone, as calculated by a

 2  credit reporting agency or by or for the insurer, may not be

 3  considered a credit report.

 4         (c)  "Credit score" means a score, grade, or value that

 5  is derived by using any or all data from a credit report in

 6  any type of model, method, or program, whether electronically,

 7  in an algorithm, computer software or program, or any other

 8  process, for the purpose of grading or ranking credit report

 9  data.

10         (d)  "Tier" means a category within a single insurer

11  into which insureds with substantially similar risk, exposure,

12  or expense factors are placed for purposes of determining rate

13  or premium.

14         (3)  An insurer must inform an applicant or insured, in

15  the same medium as the application is taken, that a credit

16  report or score is being requested for underwriting or rating

17  purposes. An insurer that makes an adverse decision based, in

18  whole or in part, upon a credit report must provide at no

19  charge, a copy of the credit report to the applicant or

20  insured or provide the applicant or insured with the name,

21  address, and telephone number of the consumer reporting agency

22  from which the insured or applicant may obtain the credit

23  report. The insurer must provide notification to the consumer

24  explaining the reasons for the adverse decision. The reasons

25  must be provided in sufficiently clear and specific language

26  so that a person can identify the basis for the insurer's

27  adverse decision. Such notification shall include a

28  description of the four primary reasons, or such fewer number

29  as existed, which were the primary influences of the adverse

30  decision. The use of generalized terms such as "poor credit

31  history," "poor credit rating," or "poor insurance score" does

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    Florida Senate - 2003                                  SB 40-A
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 1  not meet the explanation requirements of this paragraph. A

 2  credit score may not be used in underwriting or rating

 3  insurance unless the scoring process produces information in

 4  sufficient detail to permit compliance with the requirements

 5  of this subsection. It shall not be deemed an adverse decision

 6  if, due to the insured's credit report or credit score, the

 7  insured continues to receive a less favorable rate or

 8  placement in a less favorable tier or company at the time of

 9  renewal except for renewals or re-underwriting required by

10  this section.

11         (4)(a)  An insurer may not request a credit report or

12  score based upon the race, color, religion, marital status,

13  age, gender, income, national origin, or place of residence of

14  the applicant or insured.

15         (b)  An insurer may not make an adverse decision solely

16  because of information contained in a credit report or score

17  without consideration of any other underwriting or rating

18  factor.

19         (c)  An insurer may not make an adverse decision or use

20  a credit score that could lead to such a decision if based, in

21  whole or in part, on:

22         1.  The absence of, or an insufficient, credit history,

23  in which instance the insurer shall:

24         a.  Treat the consumer as otherwise approved by the

25  Office of Insurance Regulation if the insurer presents

26  information that such an absence or inability is related to

27  the risk for the insurer;

28         b.  Treat the consumer as if the applicant or insured

29  had neutral credit information, as defined by the insurer;

30         c.  Exclude the use of credit information as a factor

31  and use only other underwriting criteria;

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    Florida Senate - 2003                                  SB 40-A
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 1         2.  Collection accounts with a medical industry code,

 2  if so identified on the consumer's credit report;

 3         3.  Place of residence; or

 4         4.  Any other circumstance that the Financial Services

 5  Commission determines, by rule, lacks sufficient statistical

 6  correlation and actuarial justification as a predictor of

 7  insurance risk.

 8         (d)  An insurer may use the number of credit inquiries

 9  requested or made regarding the applicant or insured except

10  for:

11         1.  Credit inquiries not initiated by the consumer or

12  inquiries requested by the consumer for his or her own credit

13  information.

14         2.  Inquiries relating to insurance coverage, if so

15  identified on a consumer's credit report.

16         3.  Collection accounts with a medical industry code,

17  if so identified on the consumer's credit report.

18         4.  Multiple lender inquiries, if coded by the consumer

19  reporting agency on the consumer's credit report as being from

20  the home mortgage industry and made within 30 days of one

21  another, unless only one inquiry is considered.

22         5.  Multiple lender inquiries, if coded by the consumer

23  reporting agency on the consumer's credit report as being from

24  the automobile lending industry and made within 30 days of one

25  another, unless only one inquiry is considered.

26         (e)  An insurer must, upon the request of an applicant

27  or insured, provide a means of appeal for an applicant or

28  insured whose credit report or credit score is unduly

29  influenced by a dissolution of marriage, the death of a

30  spouse, or temporary loss of employment. The insurer must

31  complete its review within 10 business days after the request

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    Florida Senate - 2003                                  SB 40-A
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 1  by the applicant or insured and receipt of reasonable

 2  documentation requested by the insurer, and, if the insurer

 3  determines that the credit report or credit score was unduly

 4  influenced by any of such factors, the insurer shall treat the

 5  applicant or insured as if the applicant or insured had

 6  neutral credit information or shall exclude the credit

 7  information, as defined by the insurer, whichever is more

 8  favorable to the applicant or insured. An insurer shall not be

 9  considered out of compliance with its underwriting rules or

10  rates or forms filed with the Office of Insurance Regulation

11  or out of compliance with any other state law or rule as a

12  result of granting any exceptions pursuant to this subsection.

13         (5)  A rate filing that uses credit reports or credit

14  scores must comply with the requirements of s. 627.062 or s.

15  627.0651 to ensure that rates are not excessive, inadequate,

16  or unfairly discriminatory.

17         (6)  An insurer that requests or uses credit reports

18  and credit scoring in its underwriting and rating methods

19  shall maintain and adhere to established written procedures

20  that reflect the restrictions set forth in the federal Fair

21  Credit Reporting Act, this section, and all rules related

22  thereto.

23         (7)(a)  An insurer shall establish procedures to review

24  the credit history of an insured who was adversely affected by

25  the use of the insured's credit history at the initial rating

26  of the policy, or at a subsequent renewal thereof. This review

27  must be performed at a minimum of once every 2 years or at the

28  request of the insured, whichever is sooner, and the insurer

29  shall adjust the premium of the insured to reflect any

30  improvement in the credit history. The procedures must provide

31  that, with respect to existing policyholders, the review of a

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    Florida Senate - 2003                                  SB 40-A
    18-2591-03




 1  credit report will not be used by the insurer to cancel,

 2  refuse to renew, or require a change in the method of payment

 3  or payment plan.

 4         (b)  However, as an alternative to the requirements of

 5  paragraph (a), an insurer that used a credit report or credit

 6  score for an insured upon inception of a policy, who will not

 7  use a credit report or score for re-underwriting, shall

 8  reevaluate the insured within the first 3 years after

 9  inception, based on other allowable underwriting or rating

10  factors, excluding credit information if the insurer does not

11  increase the rates or premium charged to the insured based on

12  the exclusion of credit reports or credit scores.

13         (8)  The commission may adopt rules to administer this

14  section. The rules may include, but need not be limited to:

15         (a)  Information that must be included in filings to

16  demonstrate compliance with subsection (3).

17         (b)  Statistical detail that insurers using credit

18  reports or scores under subsection (5) must retain and report

19  annually to the Office of Insurance Regulation.

20         (c)  Standards that ensure that rates or premiums

21  associated with the use of a credit report or score are not

22  unfairly discriminatory, based upon race, color, religion,

23  marital status, age, gender, income, national origin, or place

24  of residence.

25         (d)  Standards for review of models, methods, programs,

26  or any other process by which to grade or rank credit report

27  data and which may produce credit scores in order to ensure

28  that the insurer demonstrates that such grading, ranking, or

29  scoring is valid in predicting insurance risk of an applicant

30  or insured.

31  

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    Florida Senate - 2003                                  SB 40-A
    18-2591-03




 1         Section 2.  This act shall take effect January 1, 2004,

 2  and shall apply to policies issued or renewed on or after that

 3  date, except that this act shall not take effect unless SB

 4  ____ or similar legislation is adopted in the same legislative

 5  session, or an extension thereof, and becomes law.

 6  

 7            *****************************************

 8                          SENATE SUMMARY

 9    Regulates and limits the use of credit reports and credit
      scores by insurers for underwriting and rating purposes.
10    Requires that an insurer identify the items in a credit
      report which result in an adverse decision. Prohibits an
11    adverse decision based solely on certain factors.
      Provides for an applicant or insured to appeal an adverse
12    decision by an insurer under certain circumstances.
      Authorizes the Financial Services Commission to adopt
13    rules. (See bill for details.)

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